Terms of Service
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CROSS-PLATFORM COMPATIBILITY: There are many versions of browsers, operating systems and mobile devices, therefore universal compatibility of the website cannot be guaranteed. Websites may appear differently on various devices and platforms. Some legacy browsers may not be compatible with the website. In addition, forward compatibly with future browsers, operating systems and mobile devices cannot be guaranteed.
TEMPLATES AND PLUGINS: Your web template and all of its plugins cannot be duplicated or distributed to others. Unauthorized use is a violation of copyright law. You do not own any of the source code used in the creation and function of your website. You are prohibited from porting or copying your site over to another server or provider at any time. It is the client’s responsibility to keep copies of their own content as SDW doesn’t not provide any type of archiving or content retrieval for clients upon cancellation.
PAYMENT: Payment for services provided shall be made in accordance with the conditions contained in this contract. All amounts must be in U.S. dollars. The billing cycle starts upon the acceptance of this agreement.
MAINTENANCE, SUBSTITUTIONS AND ADDITIONS: Any additional work requested to be performed on the website, or any other amendment/modification to this contract, must be authorized by a written request signed by both SDW and the site owner. Requested changes/modification/customizations to the website after the terms have been agreed upon (submission of order via this website) will be billed at an additional rate based on time and materials needed to perform additional work.
ELECTRONIC COMMERCE LAWS: The Site Owner agrees that the Site Owner is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web site or any other services contemplated herein, and will hold harmless, protect, and defend Developer and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Site Owner’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs. In addition, the site owner agrees to monitor any Ecommerce functionality on a regular basis to make sure it is functioning properly. SiteDesignWorks does not provide monitoring services of this type. You agree that SiteDesignWorks will not be held responsible for ANY loss of revenue for ANY reason whether caused by SiteDesignWorks or not. This includes but not limited to: Ecommerce misconfigurations, failures of third party Ecommerce software, or Payment processing/gateways issues.
HOSTING FEES AND TERMS
Your first month’s hosting fee may be prorated upon signup. Hosting will be automatically renewed on a month-to-month basis and will be debited from your account on the 1st of the month. Site Owner must notify SDW in writing, either by email or by regular mail, of the termination of hosting services. Canceled hosting fees will not be prorated. Cancellation of your services must be done at least 2 weeks before the next billing cycle in order to avoid being charged for the following month. Decline of the credit card payment will result in interruption of website service until payment is received. Your site is allotted either 500MB, 2GB, or 4GB of storage depending on your chosen price tier. For storage over 2GB, please inquire for pricing.
ACCOUNT REACTIVATION FEES
Web hosting plans are month-to-month, however they are to be continuous. If a client’s website is deactivated due to non-payment or non-compliance with our terms of service, a reactivation fee will apply upon request for restoration. The fee shall be $60 per occurrence. Restoration of service is at the sole discretion of SiteDesignWorks and multiple reactivations can lead to having your account permanently closed. Please note that SiteDesignWorks is not obligated to maintain copies of your content.
CONTENT MANAGEMENT: Site Owner has unlimited, direct access to their website content via an online editor (Content Management System, or CMS). Site Owner may upload an unlimited number of images to their website via their online editor, up to their total storage limit. Site Owner must be able to provide .JPG images that are sized within maximum and minimum dimensions required by the website editor (typically 1200 pixels tall at 72dpi). This may require using an image editing program.
IMAGE CHANGES AND ADDITIONS: There is no limit to the amount of images that may be added to a website, but there is a 2GB limit to storage capacity. Image additions by SDW staff will be billed on a per image basis to the credit card on file. Images added by Site Owner via their CMS website editor are always free.
ACCESS TO THE WEBSITE: It is the Site Owner’s sole responsibility to have all hardware, software and service contracts needed to access the Internet and the website online for the purposes of website review and editing.
DOMAIN NAME: It is the responsibility of the Site Owner to obtain a domain name. SDW does not itself sell, manage or maintain domain name registrations. Site Owner maintains full ownership and control of domain name and is responsible for yearly renewal fees. Non-renewal of domain name can result in an interruption of service beyond the control of SDW.
WEBSITE AVAILABILITY: Sites are monitored 24/7 by SDW, and any problems with the SDW servers will be promptly addressed. No guarantees are made that the Site Owner’s website will be available to all Internet users at all times. There are numerous factors which contribute to a user’s inability to access a website that may be completely out of the control of SDW, such as Internet failure, personal security firewalls, lack of appropriate software or plugins, etc, for which SDW will not be held responsible.
SUITABILITY OF MATERIALS: Site Owner warrants, represents and agrees that all content submitted to SDW is free and clear, will not infringe upon any copyright or violate any property or personal rights of a third party, or include scandalous, libelous, or unlawful matter. SDW shall have the right, at its sole discretion, to refuse to include in a website any materials which it deems unsuitable for display on pages served to the Internet. SDW shall have the right to interrupt hosting or request changes to websites that include scandalous, libelous or unlawful matter.
DISCLAIMER OF WARRANTY Site Owner acknowledges and agrees that SDW exercises no control over, and accepts no responsibility for, the content of information passing through SDW’s host servers, network hubs and points of presence of the Internet.
LIMITATION OF LIABILITY: In no event shall SDW be liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, suffered by Site Owner or any third party, whether in action in contract, tort or strict liability or other legal theory, even if SDW has been advised of the possibility of such damages. In no event will SDW’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by Site Owner for the service which gave rise to such damages, losses and causes of actions during the 12 month period prior to the date of damage or loss occurred or the cause of action arose. Some jurisdictions do not allow the exclusion of limitation of warranties or incidental damages, so that the above limitations or exclusions may not apply to the Site Owner. In such jurisdictions, SDW’s liability (and the liability of its affiliates, agents, content providers and service providers) shall be limited to the greatest extent permitted by applicable law.
FORCE MAJEURE: SDW shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including without limitation acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the services.
No addendum to this contract will be valid unless initialed and dated by both Site Owner and SDW. This contract shall be interpreted under the laws of the State of California.